Judge: Christian R. Gullon, Case: 20PSCV00660, Date: 2023-09-05 Tentative Ruling

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Case Number: 20PSCV00660    Hearing Date: September 5, 2023    Dept: O

Tentative Ruling

MOTION FOR ORDER VACATING DISMISSAL AND ENTERING JUDGMENT AGAINST DEFENDANTS PURSUANT TO C.C.P. SECTION 664.6 is GRANTED.

Background

This is a collections case.

On October 7, 2020, Plaintiff filed the instant action against Defendant Asheen Afsheen, AKA Afsheen asserting causes of actions for 1. Breach of Contract, 2. Common Counts, and 3. Quantum Meruit, requesting damages in the sum of $91,152.99.

On July 30, 2021, the court signed the ‘Order for Entry of Stipulation for Conditional Entry of Judgment and Dismissal Pursuant to CCP §664.6.’

On June 9, 2023, Plaintiff filed the instant motion.

Discussion

Plaintiff moves for an order vacating the dismissal and entering judgment against Defendant pursuant to CCP section 664.6. According to the Stipulation, Defendant agreed to pay $37,000 in monthly payments, but has defaulted on the payments. Pursuant to the Stipulation, should Defendant default on the payments, “Plaintiff may then obtain a judgment pursuant to CCP section 664.6 for the entire balance owed by Defendant in the amount of $91,152.99, plus court costs expended, less any payments made . . . .” (Motion, Ex. A, p. 11 of 28 of PDF, ¶2.) Thus, as CCP section 664.6 allows the court “enforce the settlement until performance in full of the terms of the settlement,” then the court does by enforcing the (remainder of the) judgment in the amount of $83,419.83.

Conclusion

Based on the foregoing, the motion is granted.[1]